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PEOPLE v. HUNCE

141 Misc.2d 401 (1988)

The People of the State of New York, Plaintiff, v. Raymond Hunce et al., Defendants.

Criminal Court of the City of New York, Bronx County.

September 20, 1988

Attorney(s) appearing for the Case

Paul T. Gentile, District Attorney (S. Jean Smith-Hoffman of counsel), for plaintiff. Charles A. D'Agostino, Jr., for defendants.

JOHN S. MOORE, J.

This case presents the issue of whether the court has the authority to grant the People's motion made pursuant to CPL 240.40 (2) (b) (vi) for handwriting exemplars in actions where only felony complaints have been lodged. The court holds that it is not so empowered under the present statutory dictates of CPL 240.40.

Defendants are charged by separate felony complaints with promoting gambling in the first degree (Penal Law §...

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